Peruvian Civil Code of 1984
FRANCISCO JOSE DEL SOLAR
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor, Faculty of Law
UIGV
civil law change more slowly than the criminal law or the commercial. After the Constitution, Civil Code (CC) is the most important legislative body of every nation-state. The history of the Peruvian legal system records up to now three civil codes: 1852, 1936 and 1984. The first two, little or nothing to say since the long and brilliant work of iushistoriador Arequipa, Carlos Augusto Ramos Núñez. He discusses at length in his excellent book History of Civil Peruano, nineteenth and twentieth centuries, published in 6 volumes by the Fund Editorial PUCP.
Review Commission, 1936 The CC was changed constantly over a long period, as new rights were created, new institutions were legalized and regulated civil relations unthinkable. Hence, by Supreme Decree No. 95 of 03.01.1965, the review commission was appointed to this body of law. Substantial changes process lasted 19 years until 07/24/1984, the date of enactment of the new Civil Code of 1984, it entered into force on 14 November of that year.
Review Commission in 1965 was appointed the first government of President Fernando Belaunde Terry (1963-1968). The Minister of Justice, Carlos Sessarego Fernández, presided in his capacity as holder of the Sector, joining later, as a member of it. The members were the supreme vocal Alberto Eguren Bresani and jurists Jose Leon Barandiaran, Felix Navarro Irvine, Romulo E. Lanatta Guilhem, Jorge Vega García, Jorge Castañeda Eugene Peralta, Héctor Cornejo Chávez, Max Arias-Schreiber Pezet and Bielich Ismael Florez.
In the course of time, the committee was enlarged. Joined Jorge Avendaño Valdez and Manuel Garcia-Calderon Koechlin, who when accessing a supreme Investigation Board was replaced by Felipe Osterling Parodi known lawyer in 1971. They were subsequently appointed new members, Macedo Oscar Lopez, Ezzie Parodi Marone, Fernando Trazegnies Granda, Fernando Vidal Ramírez, Lucrecia Maish Portocarrero von Humboldt and Manuel de la Puente y Lavalle. The first two were never incorporated.
Finally, outstanding young lawyers were invited to belong to the committee: Victor M. Villavicencio Cuneo, Delia Revoredo Marsano, Jorge Vega Velasco, Carlos Cardenas Quiroz, Susan Zusman Tinman, Jorge Muñiz Ziche and Rossello Rafael de la Puente. NEW CODE
The primordial review committee concluded that the best thing was to develop a new Civil Code prior to reform and modernize, 1936 given that lose organicity, unity and coherence. And it was. This arduous task avocado commissioners, who initially had structured their proposals under the 1933 Constitution, however, in the interim of their work had to adapt themselves to the new Constitution of 1979.
With the advent of democracy, Belaunde Terry was elected president in 1980. In his second term (1980-1985), placed special emphasis on completing this work coding. In this context, the committee was chaired by Osterling Parodi when he was appointed Minister of Justice. He accounted for presenting the draft Civil Code to the President Congress, on 15/07/1981, at a special ceremony at the Supreme Court of the Republic, at the time, headed by Alvaro Chocano Marina.
was how the Legislature empowered the Executive to enact by D. Legislative new Civil Code, before 28/07/1985, under Law No. 23403 of 05/13/1982. Mandated by this law, appointed the review committee of Congress, a task that fell to the Senators Javier Alva Orlandini, as president, Roger Cáceres Velásquez and Edmundo Haya de la Torre, in the members Ricardo Castro Becerra, Roberto Ramirez Zamalloa Rodolfo del Villar and Loayza, and attorneys representing the Ministry of Justice: Cesar Fernandez Arce, Guillermo Miranda and Jack Velaochaga Chrem Biggio. ENACTMENT OF THE CODE
The third civil code in our national history of the codification was promulgated by D. Leg. N º 295 of 07.24.1984, issued by President Belaunde Terry and his attorney Max Arias-Schreiber Pezet, a prominent attorney who was determined to make this body of law, to find practical solutions to the differences arising between members reforming the committee on the review committee, subtle distinction made by the lawyer Vidal Ramírez. Entered into force on 11.14.1984, and is currently governed us.
The CC 1984 is of personal nature, unlike the previous two (1852 and 1936) which are patrimonial. You have 2122 articles are preceded by a preliminary section with X numerals. Was prepared under the light of the 1979 Constitution. Its main "sources" were also of the various projects of the committees of both the reformer and the reviewer, the 1979 Constitution and the Civil Code of 1936. Of foreign origin, mainly the Italian Civil Code of 1942 and others, like the Portuguese in 1967 and Bolivia 1976. Suggested
REFORM
Like any human endeavor can be improved by Law N º 26394 of 16/11/1994, a committee was appointed CC reformer 1984, to update the globalized world and, particularly, to align it with the 1993 Constitution.
The commission was amended by Law No. 26673 of 10/14/1996. The new review group discussed whether the corpus legum reform or develops a new one. The problem is greatest in the Code of 1984, when he questioned the legal-political essence of the Charter of 1993, it was already clear that was the result of a political situation circumstantial, in the words of Vidal Ramirez, who believes that they are not given the conditions for a total reform of this body of law, but in any case, in part, only to save flaws and imperfections without affecting the cohesion that has the CC 1984. While, doctrinally, is of the view of doing the new codes.
This committee is chaired by reforming and composed Valdez Avendaño Vidal Ramirez, Marcial Rubio Correa, Javier de Belaunde Lopez de Romana, Augusto Ferrero Costa, Guillermo Luca de Tena Lohman, Delia Revoredo Marsano de Mur, Enrique Varsi Rospigliosi, Forno Hugo Florez Quirós and Juan Carlos Cárdenas Espinoza Espinoza, and presented to the public a draft new Title XII Preview with numerals. It privileges the custom as a source of law after the legal regulations and case law places the third, working with the same precision and predictability of law in the Roman-Germanic legal system.
On the other hand, in the implementation and substance of the law places the "general principles of law," the "doctrine of the authors", the "analogy" and other types of argumentation. Also stresses the importance of "good faith", etc.
Osterling Parodi AND CASTLE FREYRE
Legal In an interview with the illustrious teacher and lawyer Felipe Osterling Parodi CC came to the defense of 1984, saying "do not blame the DC economy evil" (No. 25, 21/12/2004). Similarly, the prominent professor of law, Mario Castillo Freyre, wrote brainy articles in this supplement, highlighting the failures of the new Title Preliminary draft presented by the reform commission, saying it was not urgent or necessary (N ° s 43 and 44, 26-04 and 3 - 05-2005, respectively). Also, this conspicuous jurist, among others, stood as one of the most illustrious defenders of the current CC (Vid. Law N ° s 20 and 23, 16-11 and 12.7.2004 respectively).
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